Juice makers face closure over labels

Every time Kenya Bureau of Standards flexes its muscles, it causes an outcry, sometimes prompting intervention from higher authorities. Vehicle spare parts dealers had their time with the quality and standards watchdog, but escaped after strong lobbying that reversed the ban on importation of second-hand spare parts.

This week will be the turn of a number of juice manufacturers, who will be trying to avert possible closures and a possible ban from supermarket shelves after failing to meet the April 2009 to have correct labels of their ingredients on packets and bottles. With a financial recession ravaging economies, forcing cut backs and staff layoffs, Kebs is not exactly the friend manufacturers want to court these days.

But juice companies had it coming. Kebs, the government-run organisation, gave them nearly a year to put their house in order with a stern warning: dare not comply and face the consequence of having your factories shut down. Manufacturers were last week making frantic efforts to avert closure, through intermediaries in government to have Kebs action in enforcing the new requirement meant to protect consumers delayed.

A stakeholders’ meeting scheduled for tomorrow between Kebs and the manufacturers could be the defining moment. The juices and beverages segment had operated under loose regulation until 2008 when Kebs announced plans to introduce stringent health safety standards by having manufacturers display ingredients used to make the drinks on the packages.

Kenya Bureau of Standards went ahead and invested in Sh300 million in testing machines to ascertain that, indeed, the juices contained the ingredients displayed on their packets. The companies were in July 2008 told to stop packing their drinks in packets or bottles with pictorial representations of fruits when they only mimicked the said fruits with synthetic flavours with less nutritional value than health risks.

They were given up to April 2009 to clear stocks that had been produced and adopt new labels with correct information on the content of their drinks. However, many companies, including 10 major juice manufacturers, according to Kebs, have failed to effect the order and are faced with the unpleasant prospect of having to close down until they comply.

Kebs Managing Director Dr Kioko Mang’eli says manufacturers were given enough time to comply with the new requirements but failed to do so, hoping perhaps that the rules would be withdrawn. “We shall first publish them (non-compliant manufacturers) in the newspapers and then move to enforce the order. They had enough time to comply and failed. They have to close down,” Dr Mangeli said in an interview recently.

Reliable sources who cannot be named because it would jeopardise their jobs say manufacturers have been lobbying several key government offices to tame Kebs. But Dr Mangeli says the manufacturers will have to pay for their procrastination with factory closures and the resultant loss in income for the period they will be shut down. Some of those who have complied are supporting the hardline position by the regulator.

“The customers have a right to know what they consume,” said Mr Kimani Rugendo, the proprietor and managing director of Kevian Kenya Ltd. “Its expensive to change to new designs but this is not about cost, it’s about the law. If others have complied why should others fail to do so?”

The manufacturers have been using mouth-watering pictures of fresh fruit to lure customers while, in reality, the contents are imitations in flavour, colour and aroma of the fruit that appears on the packet. Flavoured drinks are produced to imitate a natural fruit or vegetable juice. The drinks contain ingredients such as flavouring and colouring that mimic both the natural taste and smell of fresh fruit or vegetable.

Nutritionists have also warned that some of the artificial ingredients interfere with the physical and mental development of human beings, especially children, and have been banned in developed countries like Scandinavia and America.

“Public awareness is needed for people to distinguish between fresh juice and flavoured juice and thus be able to make informed choices,” Ms Charity Tauta, a nutritionist at the ministry of Public Health and Sanitation, said during a workshop on the use of pictorials on food labelling.

The controversy over ingredients used in juices is not limited to developing countries like Kenya. In America, there has been strong lobbying for companies to disclose in clear terms what exactly they use as food additives.

Allergic reactions

The most recent such debate is the use of carmine, which is extracted from dried and ground red beetles to produce bright red colour mainly used in yoghurt, ice cream and juice drinks. The Centre for Science in the Public Interest has petitioned for the ban of carmine, which they say causes allergic reactions known as anaphylaxis, said to cause shock.

As a minimum, they want the product to be clearly labelled as red beetles, and companies to stop hiding under carmine. Another ingredient that has caused concern is sodium nitrite, which consumers mistake for salt. “Its not that these red beetles are dangerous. Except for few individuals who suffer severe allergic reactions. They are said to be rich in protein and low in fat,” the lobby says.

Words like chocolate, bread, fruit juice, jam are protected by law in America. It’s interesting to learn how confusing it can get in the market place even in the world’s largest economy. For example, a chocolate flavoured product does not qualify as chocolate, while fruit juice drink does not have as much fruit in it as the pure fruit drink and will have more sugars, sweeteners, colours and preservatives.

Strawberry yoghurt must have real straw berry in it, strawberry flavoured, has flavours made from strawberry, while straw berry flavour has absolutely no connection with the real fruit.

KAM roots for dialogue

Analysts say the proliferation of synthetic drinks in Kenya is as a result of the high cost of making natural fruit juices. Kenya also lacks strong consumer protection, while the declining levels of disposable income have made consumers more price-sensitive, opening an opportunity for imitations that sell at much cheaper prices.

“We are not ready to compromise on lives of Kenyans,” says Mr Mang’eli of Kebs. However, the Kenya Association of Manufacturers, the lobby for manufacturers in the country, while cautiously supporting the safety requirements, is urging for dialogue that would lead to possible extension of the period needed for the companies to comply.

“There is need to negotiate on the scheduled time frame for the affected manufacturers to comply. It is also important to understand why they failed to meet the earlier deadline,” said KAM chief executive officer Ms Betty Maina.